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M/S Brij Oil Refinery Pvt. Limited v. State Of U.P. And Others - WRIT - C No. 22529 of 2006 [2006] RD-AH 8308 (25 April 2006)


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Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

Heard learned counsel for the petitioner, Sri Anjani Kumar Mishra learned counsel appearing for the Official Liquidator respondent no. 2 and the learned Standing Counsel for the other respondents.

The petitioner claims to be the purchaser of the property in dispute pursuant to the order dated 2.12.2004 passed by the learned Company Judge which order was affirmed in Special Appeal by this Court as well as by the Hon'ble Supreme Court. His grievance is that the possession of Plot No. 645 has not been handed over to him and for this purpose he has made several representations to all the respondents. Learned Counsel appearing for the Official Liquidator has stated that possession of the plot in dispute shall be handed over to the petitioner provided the other respondents make available the police assistance for removing any illegal encroachment but for that purpose the petitioner must file an appropriate application before the Official Liquidator.

At this juncture Sri Birendra Singh learned counsel for the petitioner submits that the copy of the writ petition may be treated as a representation by the petitioner before the Official Liquidator who may fix a date for handing over the possession within a period of two weeks and intimate it to the petitioner. Learned Standing Counsel has also assured that all the help/assistance shall be rendered by the District Administration for that purpose.

In view of the above, we dispose of the writ petition with a direction that the Official Liquidator may treat this writ petition as a representation for delivery of possession and he may notify the date of delivery of possession of Plot No. 645 to the petitioner in writing and in case the respondent nos. 3 and 4 are informed they shall also render assistance by providing security/police assistance.    

Date: 25.4.2006



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